Amid the increase in frequency and severity of wildfires in Canada, new employment legislation in Quebec could more effectively support employees working remotely in rural areas that are impacted by these natural disasters, says Sarah-Émilie Dubois, a senior associate in the employment and labour group at Dentons Canada LLP.
The legislation, introduced this spring as Bill 101, contains several amendments to the province’s existing employment legislation. Among the amendments is a provision for unpaid leave for employees who are unable to perform work because of ‘a recommendation, order, direction, decision or court order issued under the Public Health Act, the Quarantine Act, the Emergencies Act or the Act respecting civil protection to promote disaster resilience.’
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“It’s a protected leave, so if [an employee] is terminated shortly after, that would trigger [the legislation],” she says, noting the law would be most impactful in situations where an employer’s headquarters is located outside of an area where remote-working employees have been ordered to evacuate.
The legislation also introduces a financial support program for employers in cases involving the preventive withdrawal of a pregnant or breast-feeding worker. Specifically, the new provisions would authorize the Commission des normes, de l’équité, de la santé et de la sécurité du travail to reimburse employers when a worker is temporarily reassigned to a position with lower pay than her usual role. This measure is intended to encourage reassignment as a preferred alternative to full withdrawal from work.
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The bill also amends provisions related to employees who are members of the Canadian Armed Forces Reserve. Specifically, it proposes to reduce the required period of continuous service to qualify for this leave to three months. In the same context, the Bill increases the maximum duration of the leave, extending it to 24 months within a 60-month period.
In addition, the legislation amends a section of current labour legislation by reducing fines for employers that access a worker’s medical and physical rehabilitation records — except in cases involving medical records related to employment injuries resulting from physical or psychological violence, particularly of a sexual nature.
As it remains unclear whether the amendment is intended to narrow or broaden the section’s scope, it’s important for employers to follow best practices by only requesting relevant employee health information via the CNESST, says Arianne Bouchard, a Quebec-based partner and national co-leader of Dentons’ employment and labour group.
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